Category: Family Law
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JUDGMENTS WITHOUT TEARS | PART II | Satish Chander Ahuja vs. Sneha Ahuja (GUEST POST)
This is the second in a series of posts titled ‘Judgments without tears’ where we try to make complex judgments accessible and fun. A guest post by my dear friend and super talented Vishal Vyas. Let me try unpacking Satish Chander Ahuja vs. Sneha Ahuja delivered on 15.10.2020. A 151 page judgment but a well-reasoned judgment under…
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Judgments without Tears | Part 1 | ‘Vineeta Sharma v. Rakesh Sharma’ | Supreme Court on Daughter’s Coparcenary Rights.
This is the first in a series of posts titled ‘Judgments without tears’ where we try to make complex judgments accessible and fun. Let me try unpacking Vineeta Sharma v. Rakesh Sharma delivered on 11.08.2020. A 122 page judgment and certainly not the easiest to read. But this is an important judgment and a progressive…
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Phone-tapping and Recording of a Phone conversation: Is it legal and admissible?
First published on LiveLaw at : https://www.livelaw.in/phone-tapping-and-recording-of-a-phone-conversation-by-a-private-party-issues-relating-to-legality-and-admissibility/ “Who are you? Why do you hide in the darkness and listen to my private thoughts?” William Shakespeare, Romeo and Juliet Is Privacy history? The sheer number of court trials where a telephone recording is sought to be used by either party as evidence, suggest that private thoughts…
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Law on Foreign Divorce Judgments, Child-Custody Orders & Anti Suit Injunctions
Introduction “H (an NRI) is divorced in Texas, and to marry – he is free; No, he has a wife in India, Indian Law says, doesn’t he ?, H is, therefore married and not so, all at the same time; perfectly legal at one place; in the second, his act – a crime.” This limerick…
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Recognition of Foreign Divorces in India ? Is your foreign divorce decree valid in India ?
This article attempts to bring some clarity on the law relating to recognition of foreign divorce decrees in India, in what circumstances they are valid, and when not ? I’ve also tried throwing light on the process and procedure of challenging or upholding the same in India ….read on DIVORCE A Happy marriage is a…
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ISLAMIC LAW – AND TRIPLE TALAQ – OVER THE YEARS – NEED FOR CHANGE !
The Hanafi Sunni principle of Triple Talaq –Unilateral Talaq by Husband (known as talaq-ul-bain/biddat) has been criticized a lot for the inherent gender injustice. It gives the arbitrary power to the husband to give talaqto wife without any rhyme and reason, and leaves out no scope for reconciliation as the same is not revocable. Muslim clergy has upheld even…
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Supreme Court convicting man for wife’s murder – circumstantial evidence.
In this interesting case – the Court convicted the man for murdering his wife, on the basis of following evidence – the chain of circumstantial evidence :- i) Motive (Suspected infidelity on part of wife – strained relations on that count) ii) Last Seen together. iii) Unnatural subsequent conduct. iv) killed wife at hotel –…
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Supreme Court on Customary Divorce….
Comment : In this case the court was faced with facts wherein the deceased husband’s relatives sought to oust the widow from claiming partition – by relying on the specious plea that the widow stood divorced via customary divorce letter, the court held that though S.29(2) HMA expressly saves customary mode of divorce from the effect…
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Wife claiming maintenance after Mutual Consent Divorce.
In Geeta Satish Gokarna vs Satish Shankarrao Gokarna on 29 March, 2004 in this case the wife agreed, at the time of divorce by mutual consent not to seek maintenance, having receieved an amount as full and final settlement, but afterwards claimed maintenance u/s 25 HMA. The Court held her claim to be maintainable – held – Right…
The Blog of Bharat Chugh 